liberty! october 2017 issue #62 · dinner tickets are $65.00 per head or $650.00 for a table of 10...

Liberty! #62 October 2017 www.eurekaschildren.org.au

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Welcome to the October 2017 Edition of Liberty!

December 2nd is our Eureka Democracy Award Dinner to be held this

year in Richmond at the Amora Hotel, Bridge Road, and it is on the even-

ing that commemorates the 163rd Anniversary of Eureka. Details of the

Guest Speaker, Greg Barns, of the Venue, Timing and Ticket Costs and

payment arrangements are set out in a major article in this Liberty news-

letter.

We will be announcing our Awardee – a prominent Australian - by early

November.

This is our flagship event for the year on the Eureka Anniversary and we

ask all members and friends to buy your tickets through Peter Gavin – as

set out in the article - and come along to this event which promises to be

a night to remember.

The Museum of Australian Democracy at Eureka (MADE) have recently

appointed a new CEO, Rebecca

MacFarling, who commenced duties

last week.

Eureka’s Children representatives will

be meeting with Rebecca this week to

continue the strong and important link-

ages we have established with MADE.

WE understand the MADE programme

of events for this years Eureka Com-

memorations in Ballarat will be final-

ised soon and we will circulate this to all

members via email when we have it.

Eureka’s Children Committee:

President: Eric Howard

Vice President: Vacant

Secretary – Peter Gavin

Treasurer: Leigh Callinan

Lv1 420 William St

West Melbourne 3003

Historic Advisor: John Molony

Maurice Hanrahan

John Capp

Margaret O’Brien

Rosemary Callanan

Peter Lalor Philp

October 2017

Issue #62

In this Issue:

Eureka’s Children Annual

Democracy Award & Dinner

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Democracy Award Dinner

Flyer

4

Eureka Logo Use By Politi-

cal Party—Eric Howard

5

Merchandise (New T-Shirts) 10

Welcome to Liberty!

A Newsletter for Eureka’s Children

LIBERTY!

www.eurekaschildren.org.au


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We are looking forward to our major dinner on Saturday December 2nd, at 6.30 pm for 7.00 pm at the Amora Hotel Riverwalk, 649 Bridge Road, Richmond, to present our Eureka Democracy Award. The week-end is of course the 163rd anniversary of the attack on the Eureka Stockade in 1854 and our gathering also commemorates the Eureka Stockade events of 1854 and celebrates their legacy.

GUEST SPEAKER

Our Guest speaker is Greg Barns, barrister, writer, political commentator and company director based in Hobart. The subject of

Greg’s address will be “Democracy and the Fair Go in Australia today”

Greg is a member of the Tasmanian, Victorian, and Western Australian Bars, and practises from Salamanca Chambers in Hobart

and Stawell Chambers in Melbourne, specialising in criminal law and administrative law. Greg is an active participant in the public

debate about issues confronting Australia and is a regular contributor to the ABC’s The Drum, the Hobart Mercury, and other me-

dia outlets. In 2011, he was awarded the Angus Downie Print Journalism Award, which recognised his many years of defending

the human rights of all Tasmanians, promoting community debate, and giving a voice in the media to those not often heard. He

has published a number of books on Australian politics.

Greg ran the Republic Referendum campaign in 1999 and was the National Chair of the Australian Republican Movement from

2000 -2002, following Malcolm Turnbull’s years in the role. Greg graduated from Monash University in Arts and Law and was a

senior adviser to a number of federal and state premiers and ministers from 1989-1999.

He was National President of the Australian Lawyers Alliance in 2011-12 and is a Spokesman for the Alliance. Greg is an adviser to

Julian Assange and WikiLeaks and is the inaugural Chairman of the Prisoners Legal Service in Tasmania and is a Sessional Lecturer

in Jurisprudence at RMIT’s Graduate School of Business and Law.

Eureka’s Children works to encourage debate about the commemoration and understanding of Australian democracy. Our brief

for our guest speakers is to encourage awareness and debate about Australian democracy and the strengths of our culturally di-

verse society in an independent forum and in a respectful, tolerant manner. We look forward to Greg’s address.

EUREKA DEMOCRACY AWARD

The major purpose of the evening of course is the presentation of the Eureka Democracy Award. Arrangements with the selected

nominee for the Award are currently being finalised and it is intended that the Awardee will be announced in early November.

Eureka speaks to us of the importance of a free society being prepared to react to oppressive authority while seeking fairness and

equity, valuing human rights and respecting human dignity. The Eureka diggers and supporters, by their actions, were seeking a

more democratic and just society for all.

Eureka’s Children established the annual Eureka Democracy Award in 2008. The Award recognises an individual or an organisation that has, through their endeavours; contributed to Australian democratic and social justice traditions, including the ‘fair go’ for all and the recognition that all political power resides in the people; demonstrated respect for our cultural diversity and supported the basic human rights of those in the Australian Community.

Previous Eureka Democracy Awardees include Professor Weston Bate, Fr. Frank Brennan SJ, Professor John Molony, the Museum of Australian Democracy at Eureka (in the year of its opening), Ms. Margaret Rich, Dr. Anne Beggs-Sunter and Mr. Phil Glendenning. The Award ceremony has usually been conducted in Melbourne, but also in recent years at member’s events in Sydney and Canberra.

The Award seeks to ensure that the democratic values that were fought for at Eureka are recognised, kept alive and

strengthened in contemporary Australian culture.

To All Members and Friends of Eureka’s Children:

EUREKA’S CHILDREN ANNUAL

DEMOCRACY AWARD & DINNER


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ENTERTAINMENT: Shane, Marcia and Damian Howard will be providing music throughout the evening.

VENUE: The venue will be the Amora Hotel Riverwalk, 649 Bridge Road, Richmond. The selected room has a 140 per-

son capacity. Dinner tickets are $65.00 per head or $650.00 for a table of 10 and there will be a cash bar for alcoholic

drinks.

The Amora are offering a door prize of 1 night’s accommodation for two and this will form the basis of the raffle, at $5

per ticket or 3 for $10 to raise funds to meet our costs for guests and other event costs.

Discounted parking underneath the Hotel will be available for $6.

PROMOTING THE DINNER: A publicity flyer for the event is attached. We have set up a Eureka’s Children Face-

book page at: https://www.facebook.com/eurekaschildren/

There is also an Event page for the Dinner which was generated from the above Facebook Page:

https://www.facebook.com/events/135213607062848/?action_history=null

Committee members are working hard to finalise the organizing of the evening, but we need your support to ensure

the night is a great event.

Do move promptly to gain agreement of family and friends to attend and secure your tickets, which are limited to

140 with sales proceeding briskly.

TICKETS:

Tickets can be obtained through our Secretary Peter Gavin. Two steps are involved.

ONE: Please email Peter at [email protected] with guests names specified for the

number of tickets required

and

TWO: Forward payment at the time of emailing the ticket request - by either:

Cheque made payable to EUREKA’S CHILDREN and post to THE CELTIC CLUB, 420-424 WILLIAM STREET, WEST MELBOURNE 3003, with an accompanying identifier of your name, OR

transferring funds via EFT to BSB 704191 ACCOUNT NUMBER 90789, recording your name on the bank transfer payment. ACCOUNT NAME: EUREKAS CHILDREN

Peter is available on 0417 135 373

It promises to be an exceptional night with an excellent speaker, great entertainment, excellent company and a

wonderful Awardee to be recognized. A celebration indeed of the Eureka spirit on the occasion of the 163rd Anniver-

sary of the Eureka Stockade.

We look forward to catching up with you and your guests on the evening.

https://www.facebook.com/eurekaschildren/

https://www.facebook.com/events/135213607062848/?action_history=null

mailto:[email protected]


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GAVIN,


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In early 2016, Eureka’s Children became aware of an application by Australia First, a nationalist political party

(see website www.australiafirstparty.net), to apply for registration of their proposed party logo with the Austral-

ian Electoral Commission (as they are required to do under the AEC Act in order to use it).

Their proposed (and now approved) logo is the Eureka Flag.

In brief, Eureka’s Children objected on May 15, 2016 drawing on the legislative provision (Clause 129A of the Electoral Act) which provides that:

Certain party logos (are) not to be entered in the Register. The Electoral Commission may refuse to enter in the Register a logo of a political party (the ap-plicant), set out in an application to register the applicant, if, in its opinion, the applicant’s logo: (a) is obscene; or (b) is the logo of any other person; or (c) so nearly resembles the logo of any other person that it is likely to be confused with or mistaken for that logo; or (d) is one that a reasonable person would think suggests that a connection or relationship exist between the applicant and a registered political party if that connection or relationship does not in fact exist;..

The two sub clauses shown in bold were the grounds for our objection. Excerpts from our objection are as follows:

“The Eureka flag and its representation as proposed by the

applicant is used by our association to identify our organisa-

tion. It commemorates the 32 persons who died under the

flag in the pursuit of justice and freedom from oppression,

objectives expressed succinctly by Peter Lalor in the oath of

allegiance set out below which was taken at Bakery Hill,

Ballarat on November 30, 1854 at the monster meeting of

miners after a reported further inflammatory license hunt by

Police.

‘We swear by the Southern Cross to stand truly by each oth-

er and fight to defend our rights and liberties.’

The Flag was designed and produced by our ancestors who fought and many died or were injured under it. It has now returned to the Stockade precinct within MADE. With the Ballarat Reform League Charter, which is registered since

2004 on the UNESCO Australian Memory of the World Regis-ter, it is the key symbol of the Eureka events and of major significance to us as an Association of direct descendants. A representation of the Eureka Flag is used (and has been for more than 12 years) in much of our materials including our letterhead, our Liberty Newsletter - which is published quarterly and is available for download from our website (See below) and memorabilia and identifiers such as lapel flag pins for members. Our promotional banners carry a rep-resentation of the flag and we conduct annual public marches from Bakery Hill to the Stockade site in Ballarat with the Flag leading this march. The January 2016 edition of our Liberty Newsletter is attached in Annex 2, and shows the use of the stylised Eure-ka flag logo at the head of each page.

We submit that the logo proposed to be registered by

Australia First:

EUREKA’S CHILDREN OBJECTION TO

THE USE OF THE EUREKA FLAG AS

THE LOGO OF A POLITICAL PARTY

http://www.australiafirstparty.net


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THE AEC ADVISED IN WRITING LATER IN 2016 THAT THEY WERE APPROVING THE USE OF THE EUREKA FLAG LOGO BY

AUSTRALIA FIRST.

On 13 October 2016, the Electoral Commission’s delegate approved the application to enter the Australia First logo

into the Register. In considering the objections to the logo, the delegate concluded:

the proposed logo should not be refused under paragraph 129A (b) of the Electoral Act as:

the evidence provided by the objectors is not sufficient to conclude that the Australia First logo should be

refused.

the image of the Eureka flag is not exclusively owned by any one individual or group.

The image has widespread use, evidenced by the many cultural, historic, civic and commercial organisations

which incorporate an image of the Eureka Flag as an element of their official logos, branding, prod-

ucts and registered trademarks.

Eureka’s Children appealed that determination …. Without success. Our appeal letter of 10/11/16 was as follows:

I write to appeal against the decision of Ms Gabrielle Pat-en, Assistant Commissioner, Disclosure, Assurance and Engagement, of your Commission to approve for inclusion in the register of Political Parties, the submitted logo, a stylised representation of the Eureka Flag, of the Australia First Party (NSW) Incorporated. Your detailed reasons for decisions included the comment that Eureka’s Children claim the use of the Eureka Flag in the applicant party’s logo design will cause some people to confuse the applicant party with the various Ballarat or-ganisations currently using the image of the Eureka Flag.

In our view, this inadequately represents the actual situa-tion about likely confusion. We, Eureka’s Children, are the descendants of the Eureka events and we are a national organisation, based in Mel-bourne. We maintain a Victorian Chapter and a Canberra Chapter, (we confer our national democracy award at a special dinner in Canberra each year) and we liaise with other groups who commemorate Eureka each year in Syd-ney and Perth. In our May letter of objection to the application we wrote:

is in fact our logo (that of another legal per-

son) and also

so nearly resembles our logo that is likely to be

confused with or mistaken for that logo

As a further strand of objection linked to the “confusion provisions” of 129A, we wish to highlight the inappropriate nature of linkage of any political party to our symbolised use of the Eureka Flag. We have a direct connection to the Flag as descendants of those who raised that flag. We strive to make it as clear as possible that while the Flag belongs to all Australians our organisation eschews any attribution to representation of political parties (of the left or right). We cannot hope to ‘undo’ the appropriation of the flag in the past by various organisations, but we want to avoid a political party appropriating the flag symbol. Eureka needs (and deserves) to be promoted

as story for all Australians to encourage broader inter-est and involvement in its story and legacy not as an event to be used (or linked) to promote party political platforms of the left or right. We cannot sit by and allow the potential for misrepre-sentation of our ancestors’ legacy through promotion of the adopted positions of a registered political party using an officially endorsed Eureka flag symbol to be put in place without challenge. This potential for con-fusion in the public arena with our organisation and with the overall message of Eureka which we profess to represent is not acceptable to us. We request you to support the arguments in this ob-

jection and to disallow the application for the logo on

the grounds under Section 129A of the Act, including

the grounds of likely confusion with the public interest

values of Eureka as set out above and as represented

by our organisation’s purpose.


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“We seek refusal under those grounds not only for the

confusion which would occur in the public mind about our

organisation, but also the confusion in public appreciation

of the Eureka Story, which is the basis of our activities...

Use of such a logo by the applicant for the party political

purposes intended would, it is contended, demonstrate a

lack of respect for the solemn nature of the Eureka events,

for the miners, their supporters and soldiers who died or

were injured at Eureka in 1854.

We seek to protect this magnificent Australian story of Eu-

reka and its inherent egalitarianism, inclusiveness, sense of

identity, multiculturalism and commitment to democratic

principles from potential inappropriate exploitation by any

political party, from the inevitable public confusion that it

would foster”.

Your delegate then asserts that ‘the proposed logo does not so nearly resemble the logo of any other person that it is likely to be confused with, or mistaken for, that logo and then states that …the evidence provided by the objectors is not sufficient to cause the Electoral Commission to refuse to enter the logo in the Register… No detail was provided to support your assertion that there would not be confusion through the proposed regis-tered (ie officially approved by the Australian Govern-ment) use of the logo by Australia First (essentially the Flag itself) - and ourselves in promoting the Eureka Story and in carrying out our activities as Eureka’s Children Your delegate appears to have carried out an examination of the proposed logo use, within a very limited scope, not adequately considering very practical implications for and outcomes from the use of the logo. A focus on the characteristics of the detailed layout of the applicant’s logo design in your delegate’s details for deci-sion misses the broader issue entirely. A finding of likely confusion cannot reasonably be based on the subjective view of an officer of the AEC about the variation in de-tailed elements of the design of a logo. The overall impres-sion given to a member of the public by use of a logo is the relevant issue and this has not received attention in the details of reasons for the decision. A logo based on the iconic Eureka Flag portrays a certain significance and ap-propriation.

Further, your dele-gate’s decision that “the proposed logo does not so nearly re-semble(s) the logo of any other person that it is likely to be confused with, or mistaken for, that logo,” is totally inconsistent with our experience of being confused with other organisations who use the logo in various forms. We regularly experience responses from members of the public who are confused that we are a part of a union group or some left wing group - because of those other groups’ use of a symbol based upon the Eureka Flag. It is submitted that a reasonable person would confuse the Australia First logo with our use of the Eureka flag, even given the additional wording “Australia First”. For exam-ple, the added words “CFMEU National Construction Un-ion” surrounding the flag on the CFMEU logo does not pre-vent members of the public interacting with us to com-ment that we must be linked to the CFMEU - or to the ETU who have also used the flag as one of their symbolic flags from time to time. Such an AEC decision therefore has very broad ramifica-tions for an organisation such as Eureka’s Children. In our view, the reasoning given fails to comprehensively address the question as to whether the proposed logo ”so nearly resembles the logo of any other person that it is likely to be confused with or mistaken for that logo”. We therefore find the details of the reasons given by your del-egate to dismiss our objection under the provisions of s. 129A(c) to be wholly inadequate. However, there is a much broader issue at play here as well. It is understandable that the AEC’s focus in examining ap-plications for logos for political parties prioritises avoid-ance of confusion with other registered political parties.

However, in this instance, the impact of any decision you make to extend to one entity (especially a political party) the official status of a flag based logo through inclusion on the Register is very substantial. You are effectively equating a clearly recognised common symbol of the unity of Australians, old and new and based on sacrifice and principle, with the common logo of a political party.


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Given the disparity between the core mainstream values of the Eureka Story and those of the applicant political party (based on statements contained on their website, specifi-cally anti-immigration policies - Reintroduce the White Aus-tralia Policy of 1901 - and seeking abolition of multicultural policies - Recognise that Multiculturalism is genocidal white population replacement) how can it seriously be ar-gued that there will not be confusion between the appli-cant organisation and the underlying meaning of the Eure-ka story itself. This will promote major confusion for the clarity of transmission of the Eureka message and for us as the keepers of the memory and legacy of that story.

We therefore observe that a decision to allow the logo to

be adopted (and used) by a political party (of the left or

right in politics) through an AEC decision to enter the logo

in the Register would make the task for our organisation of

descendants much more difficult - in seeking to promote

the non-partisan mainstream values of inclusiveness, mul-

ticulturalism and other characteristics of a liberal democra-

cy, and in commenting on the challenges these issues face

in our society and internationally from time to time,

against the backdrop of the essential meaning and the long

term impact of the Eureka events as symbolised over the

last 162 years.

Your decision serves to devalue the Eureka story and sul-

lies its memory with your official endorsement of the appli-

cant’s logo which appropriates the Eureka Flag.

We seek to honour the participants in those events; the

diggers, their partners and their supporters who designed,

produced and gathered together under the Eureka Flag in

Ballarat in late 1854 to hear the reading out of the (now)

UNESCO World Heritage Listed Ballarat Reform League

(BRL) Charter. The Charter of the BRL is a major manifesto

of democratic demands now embedded in our Australian

Constitution. Later, again under the Eureka Flag at Bakery

Hill, with 10,000 in attendance, the diggers took the Oath

of Allegiance to each other and resolved to take a stand

with their demands for democracy, justice and fair treat-

ment.

Days later they defended themselves against an attack on

their camp by the Military and Police of Victoria and many

died and were injured

under that Eureka Flag.

We use the flag logo in

our materials but as

descendants of partici-

pants in the Eureka

events, we identify

with the Flag as a powerful symbol of freedom from op-

pression, of a just, inclusive and democratic society, which

is integral to our existence. It is not merely some logo we

have appropriated and adopted for convenience. It repre-

sents who we are, the descendants of the original miners

and supporters who stood up for their rights at Eureka. We

exist solely to preserve and promote the positive liberal

democratic values of Eureka, honour our descendants and

look for opportunity to encourage public discussion and

debate about freedoms and justice in our society.

The readiness of the public to listen to our non-partisan

platform, as descendants of the Eureka participants, will be

made much more difficult due to the confusion which will

undoubtedly arise in the public’s eye between us and the

Australia First Party with their officially registered political

logo utilising the Flag under which our ancestors fought for

libertarian democratic values.

In summary, apart from impacts upon our organisation and

its activities, your decision if allowed to stand will under-

mine the promotion of the special place that Eureka and

the Flag hold for all Australians. While it will confuse oth-

ers about our role and purpose it will also serve to under-

mine the spread of understanding about the events con-

fronting the original Eureka diggers and their response in

defending themselves and their stance for democratic

rights and being prepared to suffer death and injury under

that Flag.

Our letter of objection of May 19, 2016, included the fol-

lowing:


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The AEC decision is unsatisfactory but indicative legal advice is o the effect that the AEC were on firm ground in read-

ing the provisions of their Act quite narrowly. The only opportunity to challenge this is via the AAT by supporting Ms

Watson.

The AEC Act needs to be changed to prevent this form of abuse of the Flag occurring in future. This will be a focus for

Eureka’s Children in the next year.

Extract from the AEC refusal of Appeal advice re any Appeal to the AAT

The AAT will review the decision “on the merits”. This means it will take a fresh look at the facts, law

and policy relating to the decision and arrive at its own decision. The AAT will decide if the Commis-

sion’s decision should stay the same or be changed.

A fee is required to apply to the AAT, although it can be waived in some circumstances. More infor-

mation about the AAT review process and applicable fees is available on the AAT website:

www.aat.gov.au

You are not just considering a logo application, you are determining whether an iconic mainstream symbol of this

country is to be officially appropriated by a particular political party.

We request that our appeal be heard and the recent decision overturned for the reasons set out above.

An AEC representative phoned the President early in 2017 to advise of the dismissal of our Appeal.

In a recent development, Ms. Louise Watson a Melbourne based Academic, contacted the President to discuss the

matter. Ms. Watson has been active in objecting to the Electoral Commission re Australia First’s application to use

the Flag. Ms. Watson lodged an appeal as an individual with the AAT after AEC advice earlier in 2017 that her appeal

to the AEC was unsuccessful and it is understood that the AAT appeal will be heard in February. Ms Watson’s appeal

is challenging the determination of the AEC.

It is suggested that Eureka’s Children support Ms Watson in that hearing and this will be discussed at our next Com-

mittee meeting.

We submit that the logo proposed to be registered by Australia First:

is in fact our logo (that of another legal person) and also

so nearly resembles our logo that is likely to be confused with or mistaken for that logo

As a further strand of objection linked to the “confusion provisions” of 129A, we wish to highlight the inappropriate

nature of linkage of any political party to our symbolised use of the Eureka Flag. We have a direct connection to the

Flag as descendants of those who raised that flag. We strive to make it as clear as possible that while the Flag be-

longs to all Australians our organisation eschews any attribution to representation of political parties (of the left or

right). We cannot hope to ‘undo’ the appropriation of the flag in the past by various organisations, but we want to

avoid a political party appropriating the flag symbol. Eureka needs (and deserves) to be promoted as story for all

Australians to encourage broader interest and involvement in its story and legacy not as an event to be used (or

linked) to promote party political platforms of the left or right.

http://www.aat.gov.au


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T-shirt sizes

Width(cm) = Underarm to Underarm

Length(cm) = Shoulder seam at collar to bottom hem

XS S M L XL XXL

Men Width(cm) 45 47 50 52 55

Length(cm) 69 69 73 74 77

Women Width(cm) 42 45 47 50

Length(cm) 62 65 66 68

Kids Width(cm) 33 38 43 46 48.5

Length(cm) 41 45 55 60 66

1—These t-shirts are made of top quality soft cotton. Our test t-shirt has maintained its size and shape are several washes. The discrete logo is the Eureka Flag with the inscription below it, Eureka's Children. We hope it invites the question Who are Eureka's Children?, to which we can reply that We are the descend-ants of the Eureka Rebels who risked and gave their lives on the Ballarat Gold Fields, so that all Victorians could have a say in how they were taxed and governed.

T-shirts are available for $25 including postage.. Email your order to the Treasurer, Leigh Callinan, at

[email protected] . He will reply with instructions for payment.

Official 'Eureka's Children' T-Shirt

mailto:[email protected]


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EUREKA'S CHILDREN INC.

Membership Application/Renewal for 2017 (Jan-Dec)

Please print all details and where appropriate.

Membership of Eureka's Children Inc. operates on a calendar year basis.

Ordinary Membership – Includes descendants of those connected with the Stockade event, its prelude and its

aftermath as well as those who support the Eureka story and its ideals of democracy

Life Membership Full $300, Concession $150

Note: Concessional Subscriptions include Pension Card Holders.

All amounts include GST

DONATIONS WELCOME $.................

Total Cheque/Money order $.................

NOTE: EFT Payments* can be made to: “Eurekas Children - (BSB) 704-191 (A/C) 90789”

Please include Eurekas Children as well as your name on the internet transfer for identification

………………………………………………………………………………………………………………………

Please print, complete this form and return with your cheque/money order to: Eureka’s Children. C/O. Celtic Club Level 1

420 William St, West Melb. Vic. 30003

*If paying by EFT and you are a new member you would need to also complete and return this form as an initial record of your membership

Surname:

Other Names:

Address:

Postcode:

Phone No

Email

Full $40.00 per annum $

*Concession $20.00 per annum $

Family Membership Full $30.00 +$30 = $60 per annum $

Family M/ship Concession $15.00 + $25= $40 per annum $

Donations Welcome $

Eureka’s Children Admin

c/o Celtic Club Melbourne

Level 1

420 William St

West Melbourne VIC 3003

Contact Details:

www.eurekaschildren.org.au

liberty! october 2017 issue #62 · dinner tickets are $65.00 per head or $650.00 for a table of 10...

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